37: Internal Procedures for Responding to Nevada Public Records Act Requests or Subpoenas at the University of Nevada, Reno

37: Internal Procedures for Responding to Nevada Public Records Act Requests or Subpoenas at the University of Nevada, Reno

Revised: July 2015

NEVADA PUBLIC RECORDS ACT REQUESTS

The Office of the Provost at the University of Nevada, Reno is responsible for administering the University's compliance with the Nevada Public Records Act (N.R.S. 239 et seq.), pursuant to Nevada System of Higher Education Procedures and Guidelines Manual, Chapter 4, Section 18.

Any university employee receiving a request for records, under the provisions of the State of Nevada Public Records Act, should direct the request to the Office of the Provost, Public Records, Clark Administration MS 0005.

In accordance with the Nevada Public Records Act, action on the written request must occur no later than the end of the fifth business day after the date the person who has legal custody or control of the public book or record of a governmental entity receives a written request.

To assist in fulfilling the information needs of the requestor and to provide a "timely response," individuals making such requests should:

Use the "Public Records Request" form available from the University Public Records Officer and be as explicit as possible regarding the information sought. A copy of the form may be provided to the requestor.

Each requestor should review a copy of the Nevada System of Higher Education Procedures and Guidelines Manual, Chapter 4, Section 18, "Fees for Public Records", which can be obtained from the University Public Records Officer.

The Office of the Provost logs the date and time of the receipt of the request.

The Office of the Provost determines which records will best provide the requested information.

The Office of the Provost may contact the requestor for clarification.

The Office of the Provost contacts the administrator responsible for the records in question, to determine if the records exist, how voluminous they might be, and how much time might be required to search and assemble them.

Please note that fulfillment of such requests is subject to charges as outlined in Nevada System of Higher Education Procedures and Guidelines Manual, Chapter 4, Section 18, and as noted on the request form. Advanced payment of those charges may be required.

Once located, the records should be turned over to the Office of the Provost, who logs receipt, contacts the requestor, and collects any charges due (if not already required).

Any exemption of records from public inspection will be determined in consultation with University General Counsel.

PROCEDURE FOR RESPONDING TO SUBPOENAS

Subpoenas are instruments issued by a court clerk or an attorney that seek to require the attendance of a person at a deposition and/or the production of documents and other tangible things. In some instances, a subpoena is issued to the "custodian of records." To be valid, a subpoena must be properly issued and personally served. In certain instances, and depending on the circumstances, it is appropriate for the University to object to a subpoena and/or to the production of some, if not all, of the records requested.

If an employee is served with a subpoena in person or receives one by mail or by fax:

The employee should immediately note the date and time of service and the method of service on the document.

The subpoena should be faxed along with attached documents to the office of the General Counsel at 327-2202.

The employee should indicate on the transmittal sheet the receiving employee's name and telephone number.

Upon receipt of the faxed subpoena and accompanying documents, the General Counsel's office will advise the employee on how to proceed.